K SHANKAR YADAV Vs. SALEEM BEE

JUDGEMENT

(1.) The appellants are the Sarpanch and Members of the Gram Panchayat, Patancheru, Medak District and they have filed this writ appeal with the leave of the Court.

(2.) The writ appeal is directed against the order of the learned single Judge dated 7.4.1997 made in Writ Petition No. 5466 of 1997. The said writ petition was filed by the first respondent herein, viz., Saleema Bee praying for a writ of Mandamus declaring the action of the Executive Officer, Gram Panchayat, Patnacheru, Medak District, the first respondent in the writ petition and the second respondent herein, in not according permission even after the order of the District Panchayat Officer, Sangareddy, Medak District, the third respondent herein, dated 25.2.1997 approving the plan submitted by the petitioner as illegal, mala fide, arbitrary and without jurisdiction and for a consequential direction to the Executive Officer to accord permission to the writ petitioner as per the plan approved by the third respondent.

(3.) The appellants herein are not impleaded as party respondents to the writ petition. However, from a perusal of the order of the learned single Judge, it is seen that the learned single Judge took strong exception to the action of the Sarpanch and Members of the Gram Panchayat in passing resolution rejecting the application of the writ petitioner for sanction of the plan. In that view of the matter, the learned single Judge while granting relief to the writ petitioner further directed that the District Panchayat Officer shall realise costs from the Sarpanch and the Members of the Gram Panchayat and pay the same to the writ petitioner by way of cheque. The learned Judge has also fixed the Advocate's fee at Rs. 10,000.00. This writ appeal is confined to that part of the order of the learned single Judge by which the learned Judge has directed the District Panchayat Officer to recover the costs from the Sarpanch and the Members of the Gram Panchayat and the appellants do not assail the validity of the other part of the order.